How Long Must an MRO Keep DOT Drug Test Records?

Under 49 CFR 40.163(h), an MRO must keep reports and records related to negative and cancelled results for one year, and reports and records related to positives and refusals for five years, "unless otherwise specified by applicable DOT agency regulations."

Under 40.163(e), an MRO who reports a result with a written report must keep a copy of it. An MRO who reports negatives in an electronic data file must keep a retrievable copy in a format suitable for inspection and audit by a DOT representative. In either case, the MRO keeps the completed Copy 2 of the CCF. Copy 2 is signed and dated by the MRO for both negatives and non-negatives, or stamped and dated by MRO staff for negatives only.

Other sections require specific documentation. Under 49 CFR 40.131(c)(1), the MRO documents the efforts made to contact the employee, including dates and times. Under 49 CFR 40.133(a)(1), when an employee expressly declines to discuss a test, the MRO keeps complete documentation of that occurrence. Under 49 CFR 40.127(g)(4), CCFs reviewed in the MRO's quality assurance review of staff work must be easily identifiable and retrievable for review by DOT agencies.

Employer retention periods are separate. Under 49 CFR 40.333(a), an employer keeps records of verified positive drug test results and refusals for five years and records of negative and cancelled drug test results for one year. Motor carrier periods are covered in How Long Must Motor Carriers Keep Drug and Alcohol Testing Records?.

Records a C/TPA keeps are covered in What Records Can a C/TPA Keep for an Employer?, and employee access to records in Can an Employee Get a Copy of DOT Drug Test Records?.

A listing in the MyDrugTesting.com directory is not an endorsement of the MRO, and records practices should be confirmed with the provider.